9 September 2020

On 28 August 2020, the Ministry of Information (“MOI”) together with the Ministry of Commerce (“MOC”) issued a “Joint Prakas No. 0256 on Business Registration and Protection of Mark and Trade name relating to Information and Audiovisual Licensing” (Prakas). The Prakas aims to prevent the registration of duplicate business names and deter unfair competition in the country.

The Prakas made it mandatory for licensed businesses and services in the Information and Audiovisual sector (Operators) to register their businesses at the MOC. The procedural formalities for the registration are as follows:

  • upon obtaining a license from the MOI, all Operators shall register their business with the MOC within 2 weeks. The procedures and requirements for this registration are subject to applicable laws and regulations;
  • the Operators shall use their registered business names in the Khmer language on letters, documents, signboards, and on all of their publications. The font size used for the Khmer name must be twice of the foreign language; and
  • The Operators shall first obtain a permit from the MOI for any amendment or modification before filing a request to the MOC.

The Prakas stipulates clearly that the exclusive rights to the use of a mark or a trade name will only be legally recognised through registration with the MOC. This provision is a significant change from the past practices, where only a permit from the MOI is legally sufficient. Moreover, the Operators who do not register with the MOC and the MOI can be found non-compliant and risk legal actions from the relevant authorities.

In light of the aforementioned provisions, all Operators are required to comply with the Prakas within six months from the date of its issuance. This prescribed period may be subject to change, if necessary, in another six months.

For any information relating to Intellectual Property or other legal matters in general, kindly address your correspondence to Khieu Mealy or Chhim Leakena.

This alert is for general information only and is not a substitute for legal advice.


On 1 December 2022, KPMG and ZICO Law entered into an agreement under which a number of law firms and teams from the ZICO Law network have joined the KPMG network of firms.

The deal will see more than 275 lawyers join over 2,900 legal professionals in the KPMG global organization, creating a significant legal footprint across Asia. It will offer legal services and solutions, a globally connected legal services platform, and specialists who work with leading technology providers to modernize legal functions across organizations. The strategic combination increases the total number of legal professionals in the KPMG network to over 3,750 across 84 jurisdictions. You may read the press release here.

For more information and to see how we can assist you in your desired jurisdiction, please follow the links below: